RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03805
		INDEX CODE:  135.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His 2004 Retention/Retirement (R/R) year be counted as a year of satisfactory service.    

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APPLICANT CONTENDS THAT:

When he entered the active Reserves in January 2003, he was told his R/R year was 1 January.  He planned all of his participation around this date.  After March 2003, his R/R year was changed to 16 September.  He was not notified of this change.  Last year he completed his fiscal retirement year obligations by performing 8 points of service at the end of September which were not credited due to this change.  

In support of his application, he submits a copy of his personnel record print out and a copy of his current participation summary.  His submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates that the applicant, a Reserve officer, was voluntarily ordered to extended active duty from 10 May 1997 to 26 May 2001.  From 27 May 2001 to 2 February 2003, applicant was in a non-participating status.  On 3 February 2003, he became a member of the Individual Mobilization Augmentee (IMA) program in the grade of captain.  As of 17 February 2004, the Military Personnel Data System reflects that as of the R/R year 9 May 2004, he was credited with 5 years of satisfactory Federal service.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that on 16 January 2003, Reserve Order DA-00969 shows an erroneous R/R date of 1 January.  In February 2003, when the applicant was gained to the Point Credit and Accounting System his R/R date was incorrectly established as 16 September.  Over the next two years the applicant received his ANG/USAFR Point Credit Summaries, showing his R/R date incorrectly as 16 September and showing the points he earned aligned with the 16 September R/R date.  DPP states that after a thorough audit of the applicant’s record, his R/R date was correctly established as 10 May.  For the applicant’s R/R year 10 May 2002 to 9 May 2003, he earned 12 inactive duty training points from when he was assigned to his IMA position in February 2003 to the end of his R/R date of 9 May 2003.  Prior to his IMA position he was still assigned to the inactive reserve.  Therefore, he was credited with 0 active duty points, 12 inactive duty training points, 0 extension Course Institute points, 15 membership points, 27 total retirement points and an unsatisfactory year of service.  DPP states that after the applicant’s R/R date was correctly established as 10 May and his points were realigned he was credited with two unsatisfactory R/R years.  These unsatisfactory R/R years did not result from the points being realigned but were a result of the applicant’s assignment to the inactive reserve from 27 May 2001 to 3 February 2003.  DPP states that if the application is approved, 23 non-paid inactive duty points to R/R year 10 May 2002 to 9 May 2003 should be awarded.  

The ARPC/DPP evaluation is at Exhibit B.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 January 2005, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We have noted that the Air Force office of primary responsibility indicated that when the applicant was gained into the Point Credit and Accounting System his Retention/Retirement (R/R) date was incorrectly established and only after a thorough audit of the applicant’s record, his R/R date was correctly established.  Due to these errors and the applicant’s apparent confusion on his correct R/R date, we believe that relief is warranted in this matter.  We note the applicant requests that his 2004 R/R year be counted as a year of satisfactory service; however, records show that this R/R year has been credited as a year of satisfactory service.  Therefore, the appropriate course of action is to award the applicant sufficient nonpaid points for the R/R year 10 May 2002 to 9 May 2003 enabling the applicant to receive credit for a year of satisfactory service.  By such action, we believe that the applicant will be afforded proper and fitting relief.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to XXXXX be corrected to show that he was credited with an additional 23 nonpaid inactive duty points for the retention/retirement year 10 May 2002 to 9 May 2003, resulting in 50 total points and a satisfactory year of Federal service. 

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The following members of the Board considered this application AFBCMR Docket Number 04-03805 in Executive Session on 1 March 2005, under the provisions of AFI 36‑2603:

All members voted to correct the record as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Dec 04, w/atchs
	Exhibit B.  Letter, ARPC/DPP, dated 3 Jan 05, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jan 05.

AFBCMR BC-2004-03805

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:
		
		The pertinent military records of the Department of the Air Force relating to XXXXX, be corrected to show that he was credited with an additional 23 nonpaid inactive duty points for the retention/retirement year 10 May 2002 through 9 May 2003, resulting in 50 total retirement points and a satisfactory year of Federal service.